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Free Separation Agreement Template

If you and your spouse are planning to live apart, you may require a Separation Agreement. This legal document helps you set clear rules for how finances, assets, and responsibilities will be handled. It is not the same as a divorce agreement.

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Last Update March 25, 2026
Also Known As
Marital Separation ContractLegal Separation DocumentMarriage Separation Agreement

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Understanding the Separation AgreementSeparation vs. Legal Separation vs. DivorceSample Separation AgreementKey Terms to Include in a Separation AgreementHow To Draft a Separation AgreementHow To Get a Separation Agreement

Understanding the Separation Agreement

A Separation Agreement is a legal contract created by married partners who decide to live apart while remaining legally married or before filing for divorce.

It establishes how you and your spouse will manage your financial and personal responsibilities during this period.

  • Division of property and shared assets
  • Payment of debts and household bills
  • Spousal maintenance or support terms
  • Child custody, visitation, and support arrangements

When you put these terms in writing, you can prevent misunderstandings. Both parties understand exactly what’s going to happen, and agree to it when signing.

Separation vs. Legal Separation vs. Divorce

Although these terms sound similar, they carry different legal meanings. The table below highlights the main distinctions:

StatusLegal RelationshipCan You Remarry?Duration
SeparationStill legally marriedNoTemporary or ongoing
Legal SeparationMarried but court-ordered separationNoTemporary or permanent
DivorceMarriage legally endedYesPermanent

What Does “Living Separate and Apart” Mean?

If you live in a different location to your spouse, and you have no plans to get back together, or you plan to get divorced, you are legally considered to be “living separate and apart.” This situation in itself is grounds for divorce.

Sample Separation Agreement

It can be difficult to complete a Separation Agreement template without first seeing an example.

Review our sample below before you begin to get a clearer view of what a Separation Agreement looks like and to make the process of writing your own document more simple.

Get a Separation Agreement Here
PDFWORD

Key Terms to Include in a Separation Agreement

Every Separation Agreement should include the most important details of your relationship and clear terms for how responsibilities will be divided. Common sections cover:

  • Property division: Home ownership, vehicles, savings, investments, retirement accounts
  • Debt allocation: Mortgages, loans, credit cards, or other liabilities.
  • Spousal support: Maintenance or alimony terms, including payment duration and amount.
  • Child arrangements: Custody, visitation, school expenses, and child support.
  • Living costs: Household expenses, utilities, insurance, and other ongoing costs.
  • Benefits and entitlements: Health insurance coverage, pensions, or other benefits.
  • Property responsibilities: Who pays for maintenance, repairs, or taxes.

These provisions create transparency and reduce the likelihood of disputes later on. You can easily create a comprehensive version of this document with our Separation Agreement template and legal document creation tool.

How To Draft a Separation Agreement

You can prepare a Separation Agreement on your own if both parties agree on the terms. Follow these steps:

  1. Discuss key terms: Agree on property, debts, support, and child arrangements.
  2. Choose agreement type: Decide if it’s temporary (during separation) or permanent (for divorce).
  3. Add essential details: Include names, addresses, marriage info, separation date, and intent to live apart.
  4. Put it in writing: Both spouses should sign, ideally with a witness present.
  5. File if needed: Submit to the court if your state requires it for separation or divorce.

It’s always recommended that both parties review the agreement independently before signing to confirm that the terms are fair and legally valid.

How To Obtain Your Separation Agreement

You can create a Separation Agreement tailored to your situation in just a few minutes with our online legal document builder. Simply:

  1. Select whether your separation is temporary or permanent
  2. Enter your agreed terms step by step
  3. Generate and download your customized document instantly
  4. Review and sign it with your spouse

Your finished agreement will serve as a clear record of the terms of your separation.

How To Get a Separation Agreement

To create your own Separation Agreement template, you will need to determine the terms of the separation with your spouse.

Both parties must also be honest and open about their financial situations.

Once you have finalized these details, you should draw up your document.

The agreement must be in writing, and it must be signed by both parties in the presence of a witness. Once your document is prepared, depending on your state of residence and what type of separation you will be using it for, you may need to file it with a local court.

With our Separation Agreement template, you can quickly create your own form to assist with your legal journey.

Preview of your Separation Agreement

SEPARATION AGREEMENT


AGREEMENT (the "Agreement") made this ____ day of ___________, 20___.
BETWEEN:
_________
residing at _________

-and-

_________
residing at _________

BACKGROUND
A. The spouses are _________ and _________ (collectively the "Parties" and individually a "Party").

WHEREAS the Parties have been lawfully married since _________ and celebrated their marriage in _________, _________. WHEREAS certain differences and difficulties have arisen between the Parties, and they have no expectation of resuming their marital relationship. WHEREAS, the Parties intend to separate immediately and live apart, subject to the conditions in this Agreement.
B. The consideration for this Agreement is the mutual promises and agreements the Parties have made regarding all property and financial related matters.
C. All matters addressed in this agreement will be considered final and a part of the final decree of divorce. However, this agreement can be amended in a subsequent separation agreement.
D. The Parties were fully advised and informed by their respective attorneys of their rights and liabilities under the terms of this Agreement.
E. The Parties entered into this Agreement of their own accord. The Parties confirm that they are of sound mind and chose willingly not to receive legal counsel from an attorney.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertaking hereinafter more fully set forth, and for other good and valuable considerations, the parties agree as follows:
LIVING SEPARATE AND APART
1. From the date of execution of this Agreement, the Parties shall live separate and apart from each other, free from the marital control of the other spouse. The Parties agree not to occupy, visit or attend the other Party's property, workspace, or social space without a prior agreement.
CHILDREN
2. The Parties do not have minor children from the marriage. The Parties' children from the marriage are emancipated adults without any need for economic support.
SPOUSAL MAINTENANCE
3. The Parties do not claim to be entitled to spousal maintenance. Moreover, the Parties explicitly waive any present and future claim to spousal maintenance. Finally, this waiver shall apply independently of any future change in the circumstances of either Party.
ASSETS
4. The Parties hereby state that they have agreed on all matters related to the division of assets. Moreover, the Parties do not claim any assets that might be in the other party's possession.
DEBTS
5. The Parties will not incur any further debt or liability. If an individual party incurs any debt as of the date of execution of this Agreement, only that Party will be responsible for that debt, even if that debt was the result of joint credit.


6. The Parties agree that they are aware of the laws of the _________.

It is the intention of the Parties that the laws will not apply to the ownership, interest, and division of their property, real or personal, either jointly or separately owned, and owned by either one or both of them.

The Parties further agree to make a final settlement of all property matters, real or personal, owned by the Parties, and contract out of the laws of the _________.
ESTATE AND TESTAMENTARY DISPOSITION
7. The Parties renounce any rights they might have in the administration of the other's estate under any law of the _________, any other state of the United States of America, or any country in which there may be any part of the estate of either Party. The Parties also waive and release the other from any rights that each may acquire in property, assets, or estate as the other's spouse or a surviving spouse.
PENSION RELEASE
8. The Parties waive any present or future rights or claims, in which either party may have any interest, to any IRAs, 401(k) plans, or any defined contribution plan, defined benefits plan, retirement plan or pension, savings plan, or profit sharing plan of any type available through employment, or any benefits.
GENERAL RELEASE
9. The Parties release all claims under the statutes or common law of the _________ or any other jurisdiction, including actions founded on constructive trust, resulting trust or unjust enrichment, which such Parties may have or acquired or will acquire and be entitled to against the property of the other. However, whenever real property, personal property, or any income from such property or assets of the other Party is acquired, and there is an increase in the value of such property or against the estate of the other Party, if any such action should be brought, the provisions of this Agreement may be pleaded as an answer to any claim asserted and will constitute a defense thereto.
GENERAL PROVISIONS
10. If either party shall apply for a divorce and the court shall grant the same, this agreement shall be submitted to the court for approval, and if it is approved by the court, its terms shall be incorporated into the decree of divorce and operate as a final determination of the property rights of the parties, subject to the provisions in this agreement for modification in case of changed conditions of the parties.
11. This contract shall be binding on the heirs, personal representatives, and assigns of the parties.
12. This Agreement and all rights and claims herein described shall be interpreted in accordance with the laws of the _________.

IN WITNESS WHEREOF, the Parties have duly affixed their signatures on this ____ day of ___________, 20___.
SIGNED by _________ and _________, in the presence of:
  
______________________________ 
(Signature of Witness)     
 ______________________________
 _________
______________________________ 
(Print Name) 

 

  
______________________________ 
(Signature of Witness)     
 ______________________________
 _________
______________________________ 
(Print Name) 

 

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

I, _______________________________, of ___________________________, _________, Attorney at law, DO HEREBY CERTIFY:

THAT on this day and in my professional capacity, I gave legal advice to _________, apart from _________, regarding their legal rights and liabilities under the terms and conditions of this Separation Agreement. I acted for their sole interest and fully explained to them the legal effect of this Separation Agreement. The Parties executed this agreement in my presence and declared that they were executing it of their own free-will and without any threats, coercion or influence from _________ or any other person.

DATED at the City of _________________, in the _________ this ____ day of ___________, 20___.

_____________________________
Print Name: _________________
Attorney


I, _________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____ day of ___________, 20___.

_____________________________
_________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
I, _______________________________, of ___________________________, _________, Attorney at law, DO HEREBY CERTIFY:

THAT on this day and in my professional capacity, I gave legal advice to _________, apart from _________, regarding their legal rights and liabilities under the terms and conditions of this Separation Agreement. I acted for their sole interest and fully explained to them the legal effect of this Separation Agreement. The Parties executed this agreement in my presence and declared that they were executing it of their own free-will and without any threats, coercion or influence from _________ or any other person.

DATED at the City of _________________, in the _________ this ____ day of ___________, 20___.

_____________________________
Print Name: _________________
Attorney


I, _________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____ day of ___________, 20___.

_____________________________
_________
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